Daily Reports 23.11.2015

Smt. Praseeda, teacher of Law of Crimes (IPC)  (CP-05) came in the first hour and taught the following among others.

1.       Written statement is the statement filed by the defendant after getting the copy of the plaint.

2.       The party or his advocate may pray time for filing written statement at the time of first appearance.

3.       Written statement is normally filed within 30 days from the date of first appearance.

4.       Further request for extension of time for filing written statement may be granted by the Court. However the opposite party has the right to challenge the application of extension of time. In such cases, Court usually orders further extension at the cost of the defendant.

5.       According to a recent amendment in CPC, the cost so payable by the defendant shall go to the District Legal Service Authority (DLSA).

6.       Counter is the statement filed by a respondent in an interlocutory application.

7.       If the written statement could not be filed on the stipulated time, or the defendant opts not to appear before the court, the Court may issue an ex-parte decree.

8.       If the plaintiff or his advocate does not appear, the court shall dismiss the suit with costs.

9.       If the plaintiff or the defendant against whom an ex-parte decree has been issued has sufficient reasons for his non-appearance before the court, he may resort to the following to challenge the ex-parte order.

1.       Apply to set aside the ex-parte decree before the court issuing such ex-parte order.

2.       Prefer a Review petition before the court issuing such ex-parte order.

3.       File an appeal before a competent higher court.

10.   If a court has a doubt in a specific issue in the suit, that court may refer that specific issue to the higher court as a reference. Then the higher court shall hear and give an order in the reference and inform the same to the court having original jurisdiction and such court shall continue with the trial. The higher court does not decide the case itself, as it is not having jurisdiction in the matter.

11.   If an interlocutory order such as in a commission application is issued by a court, the aggrieved party may prefer a review before the same court or challenge the same as a Civil Miscellaneous Appeal (CMA).

12.   Revision may be resorted to if the decree or order under challenge is final or non-appealable. In such a non-appealable case an aggrieved party may approach the High Court directly.

Then an information was read in the class to the effect that a one day work shop on “Gender Justice in the Contemporary India – Myth and Reality” is being held today at 11.30 am at the auditorium organized by AT Markose Chair. All students were requested to participate in it.

Another notice to the effect that all vehicles of the students shall be parked only in the backyards of the College tomorrow onwards was also read.

The first hour ended and Smt. Suma, teacher of Law of Contracts (CP-01), came to the class in the second hour and taught the following.

1.       Invitation to treat or invitation to offer is an important concept in law of contracts.

2.       Offer and invitation to offer depends purely on the nature of the circumstances.

3.       Section 3 and Section 4 of the Indian Contract Act deal with Communication, acceptance and revocation of proposals.

4.       Offer is said to be communicated to the offeree / promisee when it comes into the notice or knowledge of the offeree /  promise.

5.       Revocation is cancellation here.

6.       There are two specific types of offers namely cross offer and counter offer.

7.       In cross offers two offers with the same subject matter come on the same date from complimenting parties. For example, if A makes an offer to sell his property for Rupees one lakh to B and B at the same time makes an offer to purchase A’s property for Rupees one lakh, these offers are called cross offers.

8.       On the contrary if A makes an offer to sell his property for Rupees one lakh to B and B at the same time makes an offer to purchase A’s property for Rupees fifty thousand, these offers are called counter offers.

9.       As there is no acceptance in both these cases, none of them may be regarded as promise.

At that time information came that Sri. Raviprasad of our class was awarded a prize for his successful prediction of an IFL match. The prize box was also given away to him. The prize box contained a pen and a Munch.

10.   Two aspects to be remembered while making offer are 1. There should be an intention for a contact. 2. The offer should be communicated to the offeree or promise.

11.   For example, when a six year child left home, the master of the house asked his servant to enquire about the child. Later the master made a declaration offering a reward of Rs. 501/- to the person finding the child. The servant without knowledge of this reward, brought the child home. He was not aware of the reward at that time, but he claimed the same when he knew that there was a reward. But the master was not willing to give his servant the reward. The servant sued and court found that as there was no consent of the servant due to the non communication of the offer, there was no scope for a contract.

12.    In a murder case, when a reward was declared by a police officer, a young lady came to the officer with information on the murdered and told that she tells the truth not because of the reward, but because her conscience demanded her to do so. However she claimed the reward, but was refused. She filed a suit and the court found that as a communication of the offer was made to the lady, the reward may be given to her.

13.   There is a discretionary power available to an auctioneer to reject even the highest bid. The advertisement for auction is just an intimation and the bidder alone is making the offer. In a like manner, customers coming to a shop are the real offerers. The advertisement here was just an invitation to treat.

14.   CASE LAW : Balfour v. Balfour

Mr Balfour was a civil engineer, and worked for the Government as the Director of Irrigation in Ceylon (now Sri Lanka). Mrs Balfour was living with him. In 1915, they both came back to England during Mr Balfour's leave. But Mrs Balfour had developed rheumatic arthritis. Her doctor advised her to stay in England, because a jungle climate would be detrimental to her health. As Mr Balfour's boat was about to set sail, he promised her £30 a month until she came back to Ceylon. They drifted apart, and Mr Balfour wrote saying it was better that they remain apart. In March 1918, Mrs Balfour sued him to keep up with the monthly £30 payments. In July she got a decree nisi and in December she obtained an order for alimony.

15.   The most important principle in this case law is that when making the deal between husband and wife, none of them had any intention to create any legal obligation. Unless legal obligation is created, there cannot be any contract at all.

The second hour ended there and the students went to attend the workshop on “Gender Justice in the Contemporary India – Myth and Reality” Smt. Premalatha welcomed all. Our principal Smt. Binu Poornamodan Cholayil presided over the function. The main speakers were Dr. P. Geetha, Dr. Kavitha Balakrishnan and Smt. Shahina K.K.. After the speeches they answered the questions of some students. The function ended at around 2.30 p.m. Rice with chicken curry was served to the guests, staff and some students.